Pojam, standardi i ograničenja prava na slobodu izražavanja s posebnim osvrtom na praksu Evropskog suda za ljudska prava

Abstract

In this paper, the author considers the importance of the right to freedom of expression, which is undoubtedly for the establishment of democratic institutions. However, in some cases, it can be questioned the issue of the freedom of expression boundaries. These are the situations that in the doctrine of constitutional law and the practice of the highest courts are commonly referred to as the term "combat democracy". The right to freedom of expression includes the freedom to hold own opinions, receive and communicate information and ideas without interference by the public authority and regardless of boundaries. There are exceptions to this rule and their ratio is derived from the duties and responsibilities that exist when using that right. In this regard, the author analyzes individual judgments of the European Court of Human Rights concerning exceptions to the right to freedom of expression in which inconsistency in approach is observed. One of the possible explanations of this inconsistency that the author points out is the existence of European diversity. Due to the importance attached to the freedom of the media, the European Court of Human Rights in individual cases argues that journalistic freedom implies the possibility of using a certain measure of exaggeration and even provocation. On the other hand, the issue of protection of sources of information is another problem which is particularly present in investigative journalism. Finally, it should be noted that the limits of freedom of expression depend largely on whether the information contains a factual claim or a value judgment, which makes it important to distinguish between these two things.